Supreme Court will take up immigration-related case next term

Those convictions were overturned when the Kansas Supreme Court ruled that the federal immigration law at issue preempts a state from prosecuting undocumented immigrants, when the basis of the claim comes from information that has been culled from federal immigration forms.

The case raises the question about the extent to which federal immigration law preempts states from also trying to enforce immigration law.

"If the Supreme Court takes up the case and overturns the Kansas court's decision, all states could prosecute non-citizens for identity theft more easily," said Stephen Yale-Loehr, a professor at Cornell Law School said.

The Immigration Reform and Control Act preempts the state from using information to prosecute individuals if the information is on the federal I-9 form, even though the state did not use the I-9 form to gather the information for the criminal prosecutions.

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